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Fl Outlines- Essay > FL Crim Pro MCQ > Flashcards

FL Crim Pro MCQ Flashcards

1
Q

An Arrest Warrant is Issued by the Judge upon:

A

Issued by the Judge upon:

  • Sworn complaint stating:
  • Probable cause
  • Capias- Bench warrant issued by a Judge
  • Notice to appear: in lieu of physical arrest for the violation of a misdemeanor
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2
Q

Capias and definition

A

Bench warrant issued by a judge

o deff: To bring someone to the judge

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3
Q

What is conatined in an Arrest Warrant Form?

A
  • In writing
  • Dated and signed
  • Name of the accused
  • Set out nature of charge-what they did
  • Order accused to be arrested and brought before a judge
  • Endorsed with bail amount
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4
Q

When can you arrest someone without a warrant?

A
  1. When another officer holds a valid warrant for the suspect’s arrest
  2. When a felony or misdemeanor committed in officers’ presence
  3. When the officer has probable cause to believe a felony has been committed
  4. When the officer has probable cause for certain enumerated misdemeanors
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5
Q

First Appearance must occur when?

A

Within 24 hours of arrest

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6
Q

What is arrestee advised of at first appearance?

A
  • Right to remain silent
  • Right to counsel
  • Right to communicate with counsel, family friends
  • Counsel is appointed
  • Bail set or ROR’ed
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7
Q

What is nonadversary probable cause determination?

A
  • Attorneys aren’t involved yet, its really the defendant and the judge
  • Held within 48 hours
  • Up to two 24 hour extensions for exceptional circumstances
  • Maybe done at first appearance
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8
Q

What is an Adversary preliminary hearing?

A

Rarely done in FL
-Hearing a D gets when they have not been charged w/n 21 days of arrest. Hearing determ. if Probable cause exists for felony charge.

  • A felony defendant who has not been charged by indictment or information within 21 days of arrest or service of capias, is entitled to an adversary preliminary hearing to determine whether probable cause exists for the felony charge
  • Felonies must be formally charged by an indictment or information, whether or not the defendant has been taken into custody
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9
Q

How do we compute time?

A
  • Day of event triggering time limit not counted (dont count the day of the order or of the arrest)
  • If last day is Saturday, Sunday or legal holiday go to next day which is not a Saturday, Sunday or legal holiday
  • If time period of 7 days or less, do not count Saturdays, Sundays or legal holidays.) so just count work days).
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10
Q

When must the formal charging instrument be filed

A

within 30 days of the arrest (indictment or information)
- on 30th day judge may give 3 day extension
- if not filed within 40 days the defendant may be ROR’ed
- Release does not bar future prosecution

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11
Q

What is the information form?

A

Form charign D with the crime

    • Indictment (grandy jury) or information (state attorney office) must be very specific as to the crimes, time, place, manner, victim because if they’re too vague, indistinct, or indefinite then the D can have them dismissed.
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12
Q

When is arraignment and what happens there?

A
  • In open court
  • Charges read to defendant
  • Defendant called upon to enter plea of guilty, not guilty, nolo contendere
  • Case is usually set for trial at this time
  • Defendant must be given reasonable time after arraignment to prepare for trial
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13
Q

When do you file a motion to dismiss?

A
  • At or before arraignment unless the court grants additional time for filing
  • All legal defenses waived if not raised in a timely manner
  • Certain fundamental grounds may be raised at any time such as pardon, double jeopardy, immunity (diplomat) or the facts do not constitute a prima facie case of guilt
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14
Q

What is a motion to suppress evidence?

A

Motion to suppress evidence from an unlawful search

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15
Q

What must a motion to suppress evidence contain?

A
  • The particular evidence sought to be suppressed,
  • The reason for suppression and
  • A general statement of the facts on which the motion is based
  • Before beginning to take evidence on the motion the court first determines legal sufficiency
  • If insufficient, motion denied
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16
Q

What are the time frames for speedy trial
- Felony
-Misdemeanor
and when does the time start?

A

D has right to speedy trial
-175 days for felony
-90 days for misdemeanor
- Starts the day of the arrest
- Any delay attributed to defense waives speedy trial

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17
Q

If defendant demands speedy trial how does it work?

A

Trial must commence within 50/90 days of their demand

Trial or retrial= 50 days

Retrial after mistrial or new trial= 90 days

-Trial or retrial must commence within 50 days from the demand (normal 175 and 90)

-For a retrial after mistrial, order of new trial or reversal (both misdemeanors and felonies) trial must commence within 90 days

-If a demand for speedy trial is made, retrial must commence within 50 days of the demand

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18
Q

What happens after defendant demands speedy trial and the time limit expires?

A
  1. D serves notice on the state
  2. Hearing is held within 5 days
  3. Court determines if the delay is because of the D, if yes then judge may extend the time period. If no, trial must begin within 10 days of the hearing.
  4. If trial does not, D is discharged from prosecution and never charged again- double jeopardy has attached.
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19
Q

Exception circumstances where the judge may extend the speedy trial time period?

A

o Unavailability of witnesses
o Unavailability of evidence
o Unforeseen circumstances affecting trial such as unusual complexity of the case
o Evidence currently unavailable (that will become available)
o Defendant has caused major delay or disruption

20
Q

How may a Defendant participate in discovery

A
  • Filing a notice of discovery
  • Taking a deposition
    -If the D elects to participate in discovery, the D is bound to make disclosures to the prosecution.
21
Q

What are the prosecution discovery obligations?

A
  1. Must share exculpatory evidence that state has with D.
    - Court may ban State from introducing evidence of any material not disclosed
22
Q

What is not subject to disclosure?

A
  • Identity of confidential informants

Do not need to disclose unless:
- Confidential informants will testify
- Non disclosure violates constitutional rights of the accused

23
Q

What must the Defense disclose in discovery?

A

Within 15 days of receiving state’s witness list. D must disclose:

o Names and addresses of witnesses
o Witness statement
o Expert reports
o Tangible evidence

24
Q

Upon proper motion and order Defendant may be required to:

A

o Appear in a lineup
o Speak for identification by witness to an offense
o Be fingerprinted
o Provide specimens, such as DNA
o Pose for photographs
o Try on articles of clothing

But does not have to: Reenact the crime

25
Q

What must a motion to suppress a confession or admission contain?

A

o Identify with particularity any statement sought to be suppressed
o State the reason for suppression and
o Give a general statement of the facts on which the motion is based

26
Q

What is not subject to disclosure during discovery?

A
  • Work product
  • Legal research
  • Correspondence
  • Reports or memoranda that contain opinions, theories, or conclusions of attorney or staff
  • Applies to both state and defense
27
Q

What rights does a D have in regards to a trial jury

A
  • Right to jury trial in all criminal prosecutions
  • Right to waive jury trial with consent of state
28
Q

In FL how many jurors do we have on capital and criminal cases?

A
  • Twelve jurors in capital cases (life or death penalty)
  • six jurors in all other criminal cases
29
Q

When may the court impanel alternate jurors and how many?

A
  • Court may impanel alternate jurors- discretion of the judge
  • Number of alternates up to court
30
Q

What do alternate jurors do and when are they excused?

A
  • Alternates replace regular jurors in order in which they were selected
  • Alternates excused when jury retires to consider verdict (except in capital cases)
31
Q

When can you challenge a juror?

A
  • Before the juror is sworn in
  • Made outside the hearing of jury
  • Made orally
32
Q

How many challenges to jurors do you get?

A
  • Unlimited number of challenges for cause
  • Preemptory challenges:
    o 10 for felonies punishable by death or life in prison (capital)
    o 6 for other felonies
    o 3 for misdemeanors
  • One preemptor challenge allowed for each alternate juror.
    o Peremptory challenges to regular jurors do not carry over to alternates
33
Q

May the jury ask questions and how do we regulate the jurors?

A

yes, up to court discretion. They hear the case in a body and may be sequestered.

34
Q

When can Motion for JOA be made

A
  1. At close of evidence for state
  2. At close of all evidence
  3. May be renewed within 10 days of reception of verdict
35
Q

What are the requirements for jury instructions in FL

A
  • Must be in writing in FL and go back with the jury for jury deliberations
  • Given before or after final arguments
  • Given orally with written record
  • Counsel may make written requests for instructions
  • Objections to instructions made before jury deliberations
  • Court reporter transcribes instructions and files them in court files
36
Q

What materials can the jury take into the jury room?

A

Discretionary:
o Copy of formal charging instrument
o Verdict forms
o Any material in evidence- gun, bullets ect (except depositions)
- Even if they are entered into evidence depositions wont go back. Theyre too prejudicial

Mandatory:
o Written jury instructions

37
Q

When is polling of the jury done?

A
  • Done at request of either party
  • Each juror individually asked if the verdict is his/ hers
  • If juror dissents, jury sent back for further deliberations
  • Jury cannot be polled after it is discharged
  • In FL must have unanimous verdict
38
Q

What comments may a judge give after a verdict after judgement has been given

A
  • Judge may thank jury
  • Judge may not praise jury’s verdict
  • Judge may not criticize jury’s verdict
39
Q

When must juror interview be requested and what are the requirements?

A

Deff: Motion to interview jurors

  • Within 10 days of verdict
  • Identify juror or jurors
  • State why you believe verdict may be challenged
  • After notice and hearing, judge may allow interview

Purpose: To show juror misconduct, something outside the jurors
* Order allowing interview states:
* Time and place of interview
* Interview conducted in presence of court and counsel

40
Q

When can you file a motion for a new trial?

A

Should be done within 10 days of verdict.
- Can be made orally

41
Q

What are the grounds for a motion for new trial? (auto get)

A
  • Verdict decided by lot (jurors flipped a coin)
  • Verdict contrary to law or weight of evidence
  • New evidence discovered which
  • is material
  • Could not be discovered with reasonable diligence
  • Would probably change verdict
42
Q

What do you need to show happened to get a new trial?

A

Gotta show these happ and prejudiced D AKA- affected verdict

o Juror received evidence out of court
o Juror is guilty of misconduct
o Prosecutor is guilty of misconduct
o Juror separated without permission during deliberations
o For any reason beyond the defendant’s control, she did not receive a fair trial

43
Q

Arrest of judgment

A

May be granted if:
o Charging document so defective it wont support the conviction
o Court without jurisdiction
o Verdict too uncertain
o Conviction of offense not supported by charging document

44
Q

What is a presentence Investigative Report (PSI)

A

It’s a history of the defendant any mitigating facts the judge should look at before she sentences someone.
* mandatory if judge wants to place any defendant in prison for his first felony or for anyone found guilty of a felony while under 18

45
Q

What are reasons why a sentence ought not be pronnounced?

A
  • Defendant is insane
  • Defendant has received a pardon
  • Defendant is not the same person who was convicted
  • Or defendant is facing death penalty and defendant is pregnant
  • What this means is we will possibly pronounce sentence later on

Fl Outlines- Essay (3 decks)

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